Ajmer & Pushkar Water Supply Project TECH

8/12/2019 Ajmer & Pushkar Water Supply Project TECH

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Public Health Engineering Department

REQUEST FOR PROPOSAL (RFP)

FOR

SELECTION OF

TECHNICAL CONSULTANT

FOR

AJMER WATER SUPPLY PROJECT

Government of Rajasthan


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DISCLAIMER

The information contained in this Request for Proposal document (RFP) or subsequently

provided to Applicants, whether verbally or in documentary or any other form by or on behalfof the Authority or any of its employees or advisers, is provided to Applicants on the terms

and conditions set out in this RFP and such other terms and conditions subject to which suchinformation is provided.

This RFP is not an agreement and is neither an offer nor invitation by the Authority to theprospective Applicants or any other person. The purpose of this RFP is to provide interestedparties with information that may be useful to them in the formulation of their Proposalspursuant to this RFP. This RFP includes statements, which reflect various assumptions andassessments arrived at by the Authority in relation to the Consultancy. Such assumptions,assessments and statements do not purport to contain all the information that each Applicantmay require. This RFP may not be appropriate for all persons, and it is not possible for theAuthority, its employees or advisers to consider the objectives, technical expertise and

particular needs of each party who reads or uses this RFP. The assumptions, assessments,statements and information contained in this RFP, may not be complete, accurate, adequate orcorrect. Each Applicant should, therefore, conduct its own investigations and analysis andshould check the accuracy, adequacy, correctness, reliability and completeness of theassumptions, assessments and information contained in this RFP and obtain independentadvice from appropriate sources.

Information provided in this RFP to the Applicants is on a wide range of matters, some ofwhich depends upon interpretation of law. The information given is not an exhaustiveaccount of statutory requirements and should not be regarded as a complete or authoritativestatement of law. The Authority accepts no responsibility for the accuracy or otherwise for

any interpretation or opinion on the law expressed herein.

The Authority, its employees and advisers make no representation or warranty and shall haveno liability to any person including any Applicant under any law, statute, rules or regulationsor tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, costor expense which may arise from or be incurred or suffered on account of anything containedin this RFP or otherwise, including the accuracy, adequacy, correctness, reliability orcompleteness of the RFP and any assessment, assumption, statement or informationcontained therein or deemed to form part of this RFP or arising in any way in this SelectionProcess.

The Authority also accepts no liability of any nature whether resulting from negligence orotherwise however caused arising from reliance of any Applicant upon the statementscontained in this RFP.

The Authority may in its absolute discretion, but without being under any obligation to do so,update, amend or supplement the information, assessment or assumption contained in thisRFP.

The issue of this RFP does not imply that the Authority is bound to select an Applicant or toappoint the Selected Applicant, as the case may be, for the Consultancy and the Authorityreserves the right to reject all or any of the Proposals without assigning any reasons

whatsoever.


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The Applicant shall bear all its costs associated with or relating to the preparation andsubmission of its Proposal including but not limited to preparation, copying, postage, deliveryfees, expenses associated with any demonstrations or presentations which may be required bythe Authority or any other costs incurred in connection with or relating to its Proposal. Allsuch costs and expenses will remain with the Applicant and the Authority shall not be liable

in any manner whatsoever for the same or for any other costs or other expenses incurred byan Applicant in preparation or submission of the Proposal, regardless of the conduct oroutcome of the Selection Process.


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GLOSSARY

Additional Costs As in Item H of Form-2 of Appendix-II

Agreement As defined in Schedule-2

Agreement Value As defined in Clause 6.1.2 of Schedule-2

Applicable Laws As defined in Schedule-2

Applicant As defined in Clause 2.1.1

Associate As defined in Clause 2.3.3

Authorised Representative As defined in Clause 2.13.3

Authority As defined in Clause 1.1.1

Bid Security As defined in Clause 2.20.1

Concession Agreement As defined in Clause 1.1.2

Concessionaire As defined in Clause 1.1.2

Conditions of Eligibility As defined in Clause 2.2.1

Conflict of Interest As defined in Clause 2.3.1

Consultancy As defined in Clause 1.2

Consultancy Team As defined in Clause 7 of Schedule-1

Consultant As defined in Clause 1.2

CV Curriculum Vitae

DBFOT Design, Build, Finance, Operate and Transfer

Deliverables As defined in Clause 4 of Schedule-1

Documents As defined in Clause 2.12

Effective Date As defined in Clause 2.1 of Schedule-2

Eligible Assignments As defined in Clause 3.1.4

Expatriate Personnel As defined in Clause 1.1.1(i) of Schedule-2

Feasibility Report or FR As specified in Clause 4(G) of Schedule-1

Financial Proposal As defined in Clause 2.15.1

Form of Agreement Form of Agreement as in Schedule-2

INR, Re, Rs. Indian Rupee(s)

Inception Report As specified in Clause 4(A) of Schedule-1

Key Date or KD As defined in Clause 5.14 of Schedule-1

Key Personnel As defined in Clause 2.1.4

Lead Member As defined in Clause 2.1.1

LOA Letter of Award

Lump Sum Payment As defined in Clause 11.2 of Schedule-1


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Manual As defined in Clause 1.2 of Schedule-1

MCA As defined in Clause 1.1.3

Member As defined in Clause 2.3.3(i)

Official Website As defined in Clause 1.11.2

Personnel As defined in Clause 1.1.1(m) of Schedule-2

PPP Public Private Partnership

Professional Personnel As defined in Clause 2.14.6

Prohibited Practices As defined in Clause 4.1

Project As defined in Clause 1.1.1

Project Manager As defined in Clause 4.6 of Schedule-2

Proposal As defined in Clause 1.2

Proposal Due Date or PDD As defined in Clauses 1.5 and 1.8

Resident Personnel As defined in Clause 1.1.1(o) of Schedule-2

RFP As defined in Disclaimer

Selected Applicant As defined in Clause1.6

Selection Process As defined in Clause 1.6

Services As definedin Clause 1.1.1(q) of Schedule-2

Sole Firm As defined in Clause 2.1.1

Statement of Expenses As defined in Note 13, Form-2 of Appendix-II

Statutory Auditor An Auditor appointed under Applicable Laws

Sub-Consultant As defined in Clause 1.1.1(r) of Schedule-2

Support Personnel As defined in Clause 2.14.6

Team Leader As defined in Clause 2.1.4

Technical Proposal As defined in Clause 2.14.1

TOR As defined in Clause 1.1.3

US$ United States Dollar

WG As defined in Clause 9.1 of Schedule-1

The words and expressions beginning with capital letters and defined in this document shall,unless repugnant to the context, have the meaning ascribed thereto herein.


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TABLE OF CONTENTS

S.

No.

Contents Page No.

Disclaimer

Glossary

1 Introduction

2 Instructions to Applicants

A. General

B. Documents

C. Preparation and Submission of Proposal

D. Evaluation Process

E. Appointment of Consultant

3 Criteria for Evaluation

4 Fraud and corrupt practices

5 Pre-Proposal Conference

6 Miscellaneous

Schedules

1 Terms of Reference

2 Form of Agreement

Annex-1: Terms of Reference

Annex-2: Deployment of Personnel

Annex-3: Estimate of Personnel Costs

Annex-4: Approved Sub-Consultant(s)

Annex-5: Cost of Services

Annex-6: Payment Schedule

Annex-7: Bank Guarantee for Performance Security

3 Guidance Note on Conflict of Interest


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Appendices

1 Appendix-I: Technical Proposal

Form 1: Letter of Proposal

Form 2: Particulars of the Applicant

Form 3: Statement of Legal Capacity

Form 4: Power of Attorney

Form 5: Financial Capacity of Applicant

Form 6: Particulars of Key Personnel

Form 7: Proposed Methodology and Work Plan

Form 8: Experience of Applicant

Form 9: Experience of Key Personnel

Form 10: Eligible Assignments of Applicant

Form 11: Eligible Assignments of Key Personnel

Form 12: CV of Professional Personnel

Form 13: Deployment of Personnel

Form 14: Survey and Field Investigations

Form 15: Proposal for Sub-Consultant(s)

2 Appendix-II Financial Proposal

Form 1: Covering Letter

Form 2: Financial Proposal

Form 3: Estimate of Personnel Costs


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REQUEST FOR PROPOSAL

FOR SELECTION OF



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Request for Proposal

1. INTRODUCTION

1.1 Background

1.1.1 The Governor of Rajasthan acting through the Public Health Engineering Department,Government of Rajasthan, and represented by the Chief Engineer (Special Project) ofthe Department (the Authority) is engaged in the development of water supply andsewerage system and as part of this endeavour, the Authority has decided to undertakerehabilitation, augmentation and operation of the water supply and sewerage systemin Ajmer and Pushkar towns (the Project) through Public Private Partnership (thePPP) on Design, Build, Finance, Operate and Transfer (the "DBFOT") basis. Theindicative cost of the Project is Rs. 700 crore (Rupees seven hundred crore).

1.1.2 With a view to inviting bids for the Project, the Authority has decided to conduct afeasibility study for determining the technical feasibility and financial viability of the

Project. If found technically feasible and financially viable, the Project may beawarded on DBFOT basis to a private entity (the Concessionaire) selected througha competitive bidding process. The Project would be implemented in accordance withthe terms and conditions stated in the concession agreement to be entered into

between the Authority and the Concessionaire (the Concession Agreement).

1.1.3 In pursuance of the above, the Authority has decided to carry out the process forselection of a Technical Consultant, a Financial Consultant and a Legal Adviser for

preparing the Feasibility Report and bid documents. The Financial Consultant willdevelop the revenue model and assist the Authority in the bidding process. The LegalAdviser will review the draft concession agreement, based on the Model Concession

Agreement for Water Supply and Sewerage System, of Ajmer and Pushkar townsthrough Public Private Partnership (the MCA) read with the Manual on Operationand Maintenance of Water Supply Systems, the Manual on Water Supply andTreatment and the Manual on Sewerage and Sewerage Treatment and relevant rules,regulations and provisions of law. The Technical Consultant shall prepare theFeasibility Report in accordance with the Terms of Reference specified at Schedule-1(the TOR).

1.2 Request for Proposal

The Authority invites Proposals (the Proposals) for selection of a Technical

Consultant (the Consultant) who shall prepare a Feasibility Report fordevelopment of the Project. The Feasibility Report shall include population forecastsand assessment of total demand for water as well as of recycled water, assessment ofthe need for development of additional sources of water, engineering surveys,investigations, hydraulic designs, and inventory of the existing systems, options foraugmentation of water supply and sewerage system as well as recycled water systems,indicative designs of recommended interventions, including their route alignments,layout plans and land plans, indicative project cost and manuals of standards andspecifications in conformity with the TOR (collectively the Consultancy).

The Authority intends to select the Consultant through an open competitive bidding in

accordance with the procedure set out herein.


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1.3 Due diligence by Applicants

Applicants are encouraged to inform themselves fully about the assignment and the

local conditions before submitting the Proposal by paying a visit to the Authority andthe Project site, sending written queries to the Authority, and attending a Pre-ProposalConference on the date and time specified in Clause 1.10.

1.4 Sale of RFP Document

RFP document can be obtained between 1100 hrs and 1600 hrs on or after December7, 2009 on all working days on payment of a fee of Rs. 1,000 (Rupees one thousandonly) in the form of a demand draft or bankers cheque drawn on any Scheduled Bank

in India in favour of Executive Engineer (Bisalpur Projects Dn II), PHED Ajmer andpayable at Ajmer.The document can also be downloaded from the Official Website of

the Authority. In case of a downloaded form, the Applicant shall deposit the aforesaidfee alongwith the Technical Proposal, in the form of Demand Draft in favour ofExecutive Engineer (Bisalpur Projects Dn II), PHED Ajmer and payable at Ajmer.

1.5 Validity of the Proposal

The Proposal shall be valid for a period of not less than 90 days from the ProposalDue Date (the PDD).

1.6 Brief description of the Selection Process

The Authority has adopted a two stage selection process (collectively the SelectionProcess) in evaluating the Proposals comprising technical and financial bids to be

submitted in two separate sealed envelopes. In the first stage, a technical evaluationwill be carried out as specified in Clause 3.1. Based on this technical evaluation, a listof short-listed applicants shall be prepared as specified in Clause 3.2. In the secondstage, a financial evaluation will be carried out as specified in Clause 3.3. Proposalswill finally be ranked according to their combined technical and financial scores asspecified in Clause 3.4. The first ranked Applicant shall be selected for negotiation(the Selected Applicant) while the second ranked Applicant will be kept in reserve.

1.7 Currency conversion rate and payment

1.7.1 For the purposes of technical evaluation of Applicants, Rs. 50 per US$ shall beconsidered as the applicable currency conversion rate. In case of any other currency,the same shall first be converted to US$ as on the date 60 (sixty) days prior to theProposal Due Date, and the amount so derived in US$ shall be converted into INR atthe aforesaid rate. The conversion rate of such currencies shall be the dailyrepresentative exchange rates published by the International Monetary Fund for therelevant date.

1.7.2 All payments to the Consultant shall be made in INR in accordance with theprovisions of this RFP. The Consultant may convert INR into any foreign currency asper Applicable Laws and the exchange risk, if any, shall be borne by the Consultant.


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1.8 Schedule of Selection Process

The Authority would endeavour to adhere to the following schedule:

Event Description Date

1. Last date for receiving queries/ clarifications December 24, 2009

2. Pre-Proposal Visit to the Site January 4, 2010

3. Pre-Proposal Conference January 5, 2010

4. Authority response to queries January 8, 2010

5. Proposal Due Date or PDD January 19, 2010; 1400 hrs (IST)

6. Opening of Proposals January 19, 2010; 1600 hrs (IST)

7. Letter of Award (LOA) Within 15 days of PDD

8. Signing of Agreement Within 10 days of LOA

9. Validity of Applications 90 days of Proposal Due Date

1.9 Pre-Proposal visit to the Site and inspection of dataProspective applicants may visit the Site and review the available data at any time

prior to PDD. For this purpose, they will provide at least two days notice to the nodal

officer specified below:

Shri U. K. DhingraSuperintending EngineerPHED City Circle AjmerLohakhan, Ajmer

Phone: +91-145-2628483

Mobile: +91-98298 61177

Email: [email protected]

However, for the convenience of the Applicants, a pre-Proposal visit to the Site hasbeen arranged on January 4, 2010, at 1100 hrs. The Applicants who desire to avail thisfacility may reach the Office of the Superintending Engineer, PHED City CircleAjmer on the date and time mentioned above.

1.10 Pre-Proposal Conference

The date, time and venue of Pre-Proposal Conference shall be:

Date: January 5, 2009

Time: 1100 hrs
mailto:[email protected]:[email protected]:[email protected]


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Venue: Committee Room F-2, Office of Chief Engineer (Special Projects), PublicHealth Engineering Department, Jal Bhawan, 2 Civil Lines, Jaipur.

1.11 Communications

1.11.1 All communications including the submission of Proposal should be addressed to:

Chief Engineer (Special Projects), Public Health Engineering Department (PHED),Government of Rajasthan, Jal Bhawan, 2, Civil Lines, Jaipur, Rajasthan

Phone: +91-141-2220553 Fax: +91-141-2220553

Email:[email protected]

1.11.2 The Official Websiteof the Authority is:

http://www.rajwater.gov.in

1.11.3 All communications, including the envelopes, should contain the followinginformation, to be marked at the top in bold letters:

RFP Notice No. PHED/CESP/Ajm/2009-10/PPP-2 FEASIBILITY REPORT
mailto:[email protected]:[email protected]:[email protected]://www.phed.raj.nic.in/http://www.phed.raj.nic.in/http://www.phed.raj.nic.in/mailto:[email protected]


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2. INSTRUCTIONS TO APPLICANTS

A. GENERAL

2.1 Scope of Proposal

2.1.1 Detailed description of the objectives, scope of services, Deliverables and otherrequirements relating to this Consultancy are specified in this RFP. In case anapplicant firm possesses the requisite experience and capabilities required forundertaking the Consultancy, it may participate in the Selection Process eitherindividually (the Sole Firm) or as lead member of a consortium of firms (the Lead

Member) in response to this invitation. The term applicant (the Applicant) means

the Sole Firm or the Lead Member, as the case may be. The manner in which theProposal is required to be submitted, evaluated and accepted is explained in this RFP.

2.1.2 Applicants are advised that the selection of Consultant shall be on the basis of anevaluation by the Authority through the Selection Process specified in this RFP.Applicants shall be deemed to have understood and agreed that no explanation or

justification for any aspect of the Selection Process will be given and that theAuthoritys decisions are without any right of appeal whatsoever.

2.1.3 The Applicant shall submit its Proposal in the form and manner specified in this Part-2of the RFP. The Technical proposal shall be submitted in the form at Appendix-I andthe Financial Proposal shall be submitted in the form at Appendix-II. Upon selection,the Applicant shall be required to enter into an agreement with the Authority in theform specified at Schedule-2.

2.1.4 Key Personnel

The Consultancy Team shall consist of the following key personnel (the Key

Personnel) who shall discharge their respective responsibilities as specified below:

Key Personnel Responsibilities

Senior Water Supply and

Sewerage Engineer - cum

- Team Leader (the Team

Leader)

He will lead, co-ordinate and supervise themultidisciplinary team for preparation of theFeasibility Report. He shall spend at least 60 (sixty)

days at the Project site.

Water Supply Expert He will be responsible for the assessment of watersupply system and suggesting options foraugmentation of the water supply system. He shallspend at least 40 (forty) days at the Project site.

Waste Water Expert He will be responsible for assessment of seweragesystem and suggesting augmentation of the seweragesystem, as well as design of waste water collectionand treatment system. He shall spend at least 40

(forty) days at the Project site.


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Financial Analyst He will be responsible for financial analysis andmodeling of the Project. He shall spend at least 7(seven) days at the Project site.

Utility Management Expert He will be responsible for finding the infrastructure

and management gaps in water supply and sewerageservices in the Project Area and assessing theinterventions and associated investments required.He shall spend at least 30 (thirty) days at the Projectsite.

2.2 Conditions of Eligibility of Applicants

2.2.1 Applicants must read carefully the minimum conditions of eligibility (theConditions of Eligibility) provided herein.Proposals of only those Applicants who

satisfy the Conditions of Eligibility will be considered for evaluation.

2.2.2 To be eligible for evaluation of its Proposal, the Applicant shall fulfil the following:

(A) Technical Capacity: The Applicant shall have, over the past 5 (five) years precedingthe PDD, undertaken a minimum of 4 (four) Eligible Assignments as specified inClause 3.1.4.

(B) Financial Capacity: The Applicant shall have received a minimum average incomeof Rs. 20 (twenty) crore or US $ 4 (four) million per annum from professional feesduring the 3 (three) financial years preceding the Proposal Due Date. For the purposeof evaluation, Applicants having comparatively larger revenues from professional feesshall be given added weightage. Provided, however, that the professional feesreceived in respect of water supply and sewerage projects would be multiplied by afactor of 2 ( two) for the purposes of computing the financial capacity hereunder. Forthe avoidance of doubt, professional fees hereunder refers to fees received by theApplicant for providing advisory or consultancy services to its clients.

(C) Availability of Key Personnel: The Applicant shall offer and make available all KeyPersonnel meeting the requirements specified in sub-clause (D) below.

(D) Conditions of Eligibility for Key Personnel: Each of the Key Personnel must fulfilthe Conditions of Eligibility specified below:

Key Personnel Educational

Qualification

Length of

Professional

Experience

Experience on Eligible

Assignments

Senior WaterSupply andSewerageEngineercum

Team leader

Graduate in CivilEngineering withPost Graduation inEnvironmentEngineering/ Public

Health Engineering

20 years He should have led thefeasibility study teamsfor three EligibleAssignments.


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Water SupplyExpert

Graduate in CivilEngineering withPost Graduation inEnvironmentEngineering/ PublicHealth Engineering

10 years He should have workedas a Water SupplyExpert for three EligibleAssignments.

Waste WaterExpert

Graduate in CivilEngineering withPost Graduation inEnvironmentEngineering/ PublicHealth Engineering

10 years He should have workedas a Waste Water Expertfor two EligibleAssignments.

FinancialAnalyst

Post Graduate inCommerce/Chartered Accountantor equivalent

7 years He should haveundertaken financialanalysis and modellingfor two EligibleAssignments

UtilityManagementExpert

Graduate in Civil/MechanicalEngineering/ Masterin BusinessAdministration

5 years He should have workedas management expertfor water supply /sewerage systems fortwo EligibleAssignments.

2.2.3 The Applicant shall enclose with its Proposal, certificate(s) from its StatutoryAuditors$stating its total revenues from professional fees during each of the past threefinancial years and the fee received in respect of each of the Eligible Assignmentsspecified in the Proposal. In the event that the Applicant does not have a statutoryauditor, it shall provide the requisite certificate(s) from the firm of CharteredAccountants that ordinarily audits the annual accounts of the Applicant.

2.2.4 The Applicant should submit a Power of Attorney as per the format at Form-4 ofAppendix-I;provided, however, that such Power of Attorney would not be required if

the Application is signed by a partner of the Applicant, in case the Applicant is apartnership firm or limited liability partnership.

2.2.5 Any entity which has been barred by the Central Government, any State Government,a statutory authority or a public sector undertaking, as the case may be, from

participating in any project, and the bar subsists as on the date of Proposal, would notbe eligible to submit a Proposal either by itself or through its Associate.

2.2.6 An Applicant or its Associate should have, during the last three years, neither failed toperform on any agreement, as evidenced by imposition of a penalty by an arbitral orjudicial authority or a judicial pronouncement or arbitration award against the

$No separate annual financial statements should be submitted.


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Applicant or its Associate, nor been expelled from any project or agreement nor havehad any agreement terminated for breach by such Applicant or its Associate.

2.2.7 While submitting a Proposal, the Applicant should attach clearly marked andreferenced continuation sheets in the event that the space provided in the specified

forms in the Appendices is insufficient. Alternatively, Applicants may format thespecified forms making due provision for incorporation of the requested information.

2.3 Conflict of Interest

2.3.1 An Applicant shall not have a conflict of interest that may affect the Selection Processor the Consultancy (the Conflict of Interest). Any Applicant found to have a

Conflict of Interest shall be disqualified. In the event of disqualification, the Authorityshall forfeit and appropriate the Bid Security as mutually agreed genuine pre-estimated compensation and damages payable to the Authority for, inter alia, thetime, cost and effort of the Authority including consideration of such Applicants

Proposal, without prejudice to any other right or remedy that may be available to theAuthority hereunder or otherwise.

2.3.2 The Authority requires that the Consultant provides professional, objective, andimpartial advice and at all times hold the Authoritys interests paramount, avoid

conflicts with other assignments or its own interests, and act without anyconsideration for future work. The Consultant shall not accept or engage in anyassignment that would be in conflict with its prior or current obligations to otherclients, or that may place it in a position of not being able to carry out the assignmentin the best interests of the Authority.

2.3.3 Some guiding principles for identifying and addressing Conflicts of Interest have beenillustrated in the Guidance Note at Schedule-3. Without limiting the generality of theabove, an Applicant shall be deemed to have a Conflict of Interest affecting theSelection Process, if:

(a) the Applicant, its consortium member (the Member) or Associate (or anyconstituent thereof) and any other Applicant, its consortium member orAssociate (or any constituent thereof) have common controlling shareholdersor other ownership interest; provided that this disqualification shall not applyin cases where the direct or indirect shareholding or ownership interest of anApplicant, its Member or Associate (or any shareholder thereof having a

shareholding of more than 5% (five per cent) of the paid up and subscribedshare capital of such Applicant, Member or Associate, as the case may be) inthe other Applicant, its consortium member or Associate is less than 5 per centof the subscribed and paid up equity share capital thereof; provided furtherthat this disqualification shall not apply to any ownership by a bank, insurancecompany, pension fund or a public financial institution referred to in section4A of the Companies Act, 1956. For the purposes of this Clause 2.3.3(a),indirect shareholding held through one or more intermediate persons shall becomputed as follows: (aa) where any intermediary is controlled by a personthrough management control or otherwise, the entire shareholding held bysuch controlled intermediary in any other person (the Subject Person) shall

be taken into account for computing the shareholding of such controllingperson in the Subject Person; and (bb) subject always to sub-clause (aa) above,


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where a person does not exercise control over an intermediary, which hasshareholding in the Subject Person, the computation of indirect shareholdingof such person in the Subject Person shall be undertaken on a proportionate

basis; provided, however, that no such shareholding shall be reckoned underthis sub-clause (bb) if the shareholding of such person in the intermediary is

less than 26% (twenty six per cent) of the subscribed and paid up equityshareholding of such intermediary; or

(b) a constituent of such Applicant is also a constituent of another Applicant; or

(c) such Applicant or its Associate receives or has received any direct or indirectsubsidy or grant from any other Applicant or its Associate; or

(d) such Applicant has the same legal representative for purposes of thisApplication as any other Applicant; or

(e) such Applicant has a relationship with another Applicant, directly or throughcommon third parties, that puts them in a position to have access to eachothers information about, or to influence the Application of either or each of

the other Applicant; or

(f) there is a conflict among this and other consulting assignments of theApplicant (including its personnel and Sub-consultant) and any subsidiaries orentities controlled by such Applicant or having common controllingshareholders. The duties of the Consultant will depend on the circumstances ofeach case. While providing consultancy services to the Authority for this

particular assignment, the Consultant shall not take up any assignment that by

its nature will result in conflict with the present assignment; or

(g) a firm which has been engaged by the Authority to provide goods or works orservices for a project, and its Associates, will be disqualified from providingconsulting services for the same project save and except as provided in Clause2.3.4; conversely, a firm hired to provide consulting services for the

preparation or implementation of a project, and its Members or Associates,will be disqualified from subsequently providing goods or works or servicesrelated to the same project; or

(h) the Applicant, its Member or Associate (or any constituent thereof), and the

bidder or Concessionaire, if any, for the Project, its contractor(s) or sub-contractor(s) (or any constituent thereof) have common controllingshareholders or other ownership interest; provided that this disqualificationshall not apply in cases where the direct or indirect shareholding or ownershipinterest of an Applicant, its Member or Associate (or any shareholder thereofhaving a shareholding of more than 5% (five per cent) of the paid up andsubscribed share capital of such Applicant, Member or Associate, as the casemay be,) in the bidder or Concessionaire, if any, or its contractor(s) or sub-contractor(s) is less than 5% (five per cent) of the paid up and subscribed sharecapital of such Concessionaire or its contractor(s) or sub-contractor(s);

provided further that this disqualification shall not apply to ownership by a

bank, insurance company, pension fund or a Public Financial Institutionreferred to in section 4A of the Companies Act, 1956. For the purposes of this


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sub-clause (h), indirect shareholding shall be computed in accordance with theprovisions of sub-clause (a) above.

For purposes of this RFP, Associate means, in relation to the Applicant, a personwho controls, is controlled by, or is under the common control with such Applicant

(the Associate). As used in this definition, the expression control means, withrespect to a person which is a company or corporation, the ownership, directly orindirectly, of more than 50% (fifty per cent) of the voting shares of such person, andwith respect to a person which is not a company or corporation, the power to directthe management and policies of such person by operation of law or by contract.

2.3.4 An Applicant eventually appointed to provide Consultancy for this Project, and itsAssociates, shall be disqualified from subsequently providing goods or works orservices related to the construction and operation of the same Project and any breachof this obligation shall be construed as Conflict of Interest; provided that therestriction herein shall not apply after a period of 5 (five) years from the completion of

this assignment or to consulting assignments granted by banks/ lenders at any time;provided further that this restriction shall not apply to consultancy/ advisory servicesperformed for the Authority in continuation of this Consultancy or to any subsequentconsultancy/ advisory services performed for the Authority in accordance with therules of the Authority. For the avoidance of doubt, an entity affiliated with theConsultant shall include a partner in the Consultants firm or a person who holds more

than 5% (five per cent) of the subscribed and paid up share capital of the Consultant,as the case may be, and any Associate thereof.

2.4 Number of Proposals

No Applicant or its Associate shall submit more than one Application for theConsultancy. An Applicant applying individually or as an Associate shall not beentitled to submit another application either individually or as a member of anyconsortium, as the case may be.

2.5 Cost of Proposal

The Applicants shall be responsible for all of the costs associated with the preparationof their Proposals and their participation in the Selection Process includingsubsequent negotiation, visits to the Authority, Project site etc. The Authority will not

be responsible or in any way liable for such costs, regardless of the conduct or

outcome of the Selection Process.

2.6 Site visit and verification of information

Applicants are encouraged to submit their respective Proposals after visiting theProject site and ascertaining for themselves the site conditions, traffic, location,surroundings, climate, access to the site, availability of drawings and other data withthe Authority, Applicable Laws and regulations or any other matter consideredrelevant by them. Visits shall be organised for the benefit of prospective Applicantson dates, time and venue as specified in Clause 1.9.


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2.7 Acknowledgement by Applicant

2.7.1 It shall be deemed that by submitting the Proposal, the Applicant has:

(a) made a complete and careful examination of the RFP;

(b) received all relevant information requested from the Authority;

(c) acknowledged and accepted the risk of inadequacy, error or mistake in theinformation provided in the RFP or furnished by or on behalf of the Authorityor relating to any of the matters referred to in Clause 2.6 above;

(d) satisfied itself about all matters, things and information, including mattersreferred to in Clause 2.6 herein above, necessary and required for submittingan informed Application and performance of all of its obligations thereunder;

(e) acknowledged that it does not have a Conflict of Interest; and

(f) agreed to be bound by the undertaking provided by it under and in termshereof.

2.7.2 The Authority shall not be liable for any omission, mistake or error on the part of theApplicant in respect of any of the above or on account of any matter or thing arisingout of or concerning or relating to RFP or the Selection Process, including any erroror mistake therein or in any information or data given by the Authority.

2.8 Right to reject any or all Proposals

2.8.1 Notwithstanding anything contained in this RFP, the Authority reserves the right toaccept or reject any Proposal and to annul the Selection Process and reject allProposals, at any time without any liability or any obligation for such acceptance,rejection or annulment, and without assigning any reasons thereof.

2.8.2 Without prejudice to the generality of Clause 2.8.1, the Authority reserves the right toreject any Proposal if:

(a) at any time, a material misrepresentation is made or discovered, or

(b) the Applicant does not provide, within the time specified by the Authority, the

supplemental information sought by the Authority for evaluation of theProposal.

Misrepresentation/ improper response by the Applicant may lead to thedisqualification of the Applicant. If the Applicant is the Lead Member of aconsortium, then the entire consortium may be disqualified / rejected. If suchdisqualification / rejection occurs after the Proposals have been opened and thehighest ranking Applicant gets disqualified / rejected, then the Authority reserves theright to consider the next best Applicant, or take any other measure as may be deemedfit in the sole discretion of the Authority, including annulment of the SelectionProcess.


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B. DOCUMENTS

2.9 Contents of the RFP

2.9.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below

and will additionally include any Addendum / Amendment issued in accordance withClause 2.11:


1 Introduction

2 Instructions to Applicants

3 Criteria for Evaluation

4 Fraud and corrupt practices

5 Pre-Proposal Conference6 Miscellaneous

Schedules

1 Terms of Reference

2 Form of Agreement

Annex-1: Terms of Reference

Annex-2: Deployment of Personnel

Annex-3: Estimate of Personnel CostsAnnex-4: Approved Sub-Consultant(s)

Annex-5: Cost of Services

Annex-6: Payment Schedule

Annex-7: Bank Guarantee for Performance Security

3 Guidance Note on Conflict of Interest

Appendices

Appendix-I: Technical Proposal

Form 1: Letter of Proposal

Form 2: Particulars of the Applicant

Form 3: Statement of Legal Capacity

Form 4: Power of Attorney

Form 5: Financial Capacity of Applicant

Form 6: Particulars of Key Personnel

Form 7: Proposed Methodology and Work PlanForm 8: Abstract of Eligible Assignments of Applicant


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2.11.3 In order to afford the Applicants a reasonable time for taking an amendment intoaccount, or for any other reason, the Authority may, in its sole discretion, extend theProposal Due Date$.

C. PREPARATION AND SUBMISSION OF PROPOSAL

2.12 Language

The Proposal with all accompanying documents (the Documents) and allcommunications in relation to or concerning the Selection Process shall be in Englishlanguage and strictly on the forms provided in this RFP. No supporting document or

printed literature shall be submitted with the Proposal unless specifically asked forand in case any of these Documents is in another language, it must be accompanied byan accurate translation of the relevant passages in English, in which case, for all

purposes of interpretation of the Proposal, the translation in English shall prevail.

2.13 Format and signing of Proposal

2.13.1 The Applicant shall provide all the information sought under this RFP. The Authoritywould evaluate only those Proposals that are received in the specified forms andcomplete in all respects.

2.13.2 The Applicant shall prepare one original set of the Proposal (together with originals/copies of Documents required to be submitted along therewith pursuant to this RFP)and clearly marked ORIGINAL. In addition, the Applicant shall submit 2 (two)copies of the Proposal, alongwith Documents, marked COPY. In the event of any

discrepancy between the original and its copies, the original shall prevail.

2.13.3 The Proposal and its copy shall be typed or written in indelible ink and signed by theauthorised signatory of the Applicant who shall initial each page, in blue ink. In caseof printed and published Documents, only the cover shall be initialled. All thealterations, omissions, additions, or any other amendments made to the Proposal shall

be initialled by the person(s) signing the Proposal. The Proposals must be properlysigned by the authorised representative (the Authorised Representative) asdetailed below:

(a) by the proprietor, in case of a proprietary firm; or

(b) by a partner, in case of a partnership firm and/or a limited liability partnership;or

(c) by a duly authorised person holding the Power of Attorney, in case of aLimited Company or a corporation; or

(d) by the authorised representative of the Lead Member, in case of consortium.

$While extending the Proposal Due Date on account of an addendum, the Authority shall have due regard for

the time required by bidders to address the amendments specified therein. In the case of significant amendments,at least 15 (fifteen) days shall be provided between the date of amendment and the Proposal Due Date, and inthe case of minor amendments, at least 7 (seven) days shall be provided.


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A copy of the Power of Attorney certified under the hands of a partner or director ofthe Applicant and notarised by a notary public in the form specified in Appendix-I(Form-4) shall accompany the Proposal.

2.13.4 Applicants should note the Proposal Due Date, as specified in Clause 1.8, for

submission of Proposals. Except as specifically provided in this RFP, nosupplementary material will be entertained by the Authority, and that evaluation will

be carried out only on the basis of Documents received by the closing time ofProposal Due Date as specified in Clause 2.17.1. Applicants will ordinarily not beasked to provide additional material information or documents subsequent to the dateof submission, and unsolicited material if submitted will be summarily rejected. Forthe avoidance of doubt, the Authority reserves the right to seek clarifications underand in accordance with the provisions of Clause 2.23.

2.14 Technical Proposal

2.14.1 Applicants shall submit the technical proposal in the formats at Appendix-I (theTechnical Proposal).

2.14.2 While submitting the Technical Proposal, the Applicant shall, in particular, ensurethat:

(a) The Bid Security is provided;

(b) all forms are submitted in the prescribed formats and signed by the prescribedsignatories;

(c) Power of Attorney, if applicable, is executed as per Applicable Laws;

(d) CVs of all Professional Personnel have been included;

(e) Key Personnel have been proposed only if they meet the Conditions ofEligibility laid down at Clause 2.2.2 (D) of the RFP;

(f) no alternative proposal for any Key Personnel is being made and only one CVfor each position has been furnished;

(g) the CVs have been recently signed and dated in blue ink by the respectivePersonnel and countersigned by the Applicant. Photocopy or unsigned /

countersigned CVs shall be rejected;

(h) the CVs shall contain an undertaking from the respective Key Personnel abouthis/her availability for the duration specified in the RFP;

(i) Professional Personnel proposed have good working knowledge of Englishlanguage;

(j) Key Personnel would be available for the period indicated in the TOR;

(k) no Key Personnel should have attained the age of 75 (seventy five) years at the

time of submitting the proposal; and


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(l) the proposal is responsive in terms of Clause 2.21.3.

2.14.3 Failure to comply with the requirements spelt out in this Clause 2.14 shall make theProposal liable to be rejected.

2.14.4 If an individual Key Personnel makes a false averment regarding his qualification,experience or other particulars, or his commitment regarding availability for theProject is not fulfilled at any stage after signing of the Agreement, he shall be liable to

be debarred for any future assignment of the Authority for a period of 5 (five) years.The award of this Consultancy to the Applicant may also be liable to cancellation insuch an event.

2.14.5 The Technical Proposal shall not include any financial information relating to theFinancial Proposal.

2.14.6 The proposed team shall be composed of experts and specialists (the Professional

Personnel) in their respective areas of expertise and managerial/support staff (theSupport Personnel) such that the Consultant should be able to complete theConsultancy within the specified time schedule. The Key Personnel specified inClause 2.1.4 shall be included in the proposed team of Professional Personnel. Othercompetent and experienced Professional Personnel in the relevant areas of expertisemust be added as required for successful completion of this Consultancy. The CV ofeach such Professional Personnel, if any, should also be submitted in the format atForm-12 of Appendix-I.

2.14.7 An Applicant may, if it considers necessary, propose suitable Sub-Consultants inspecific areas of expertise. Credentials of such firms should be submitted in Form-15

of Appendix-I. A Sub-Consultant, however, shall not be a substitute for any KeyPersonnel.

2.14.8 The Authority reserves the right to verify all statements, information and documents,submitted by the Applicant in response to the RFP. Any such verification or the lackof such verification by the Authority to undertake such verification shall not relievethe Applicant of its obligations or liabilities hereunder nor will it affect any rights ofthe Authority thereunder.

2.14.9 In case it is found during the evaluation or at any time before signing of theAgreement or after its execution and during the period of subsistence thereof, that one

or more of the eligibility conditions have not been met by the Applicant or theApplicant has made material misrepresentation or has given any materially incorrector false information, the Applicant shall be disqualified forthwith if not yet appointedas the Consultant either by issue of the LOA or entering into of the Agreement, and ifthe Selected Applicant has already been issued the LOA or has entered into theAgreement, as the case may be, the same shall, notwithstanding anything to thecontrary contained therein or in this RFP, be liable to be terminated, by acommunication in writing by the Authority without the Authority being liable in anymanner whatsoever to the Applicant or Consultant, as the case may be.

In such an event, the Authority shall forfeit and appropriate the Bid Security as

mutually agreed pre-estimated compensation and damages payable to the Authority


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for, inter alia, time, cost and effort of the Authority, without prejudice to any otherright or remedy that may be available to the Authority.

2.15 Financial Proposal

2.15.1 Applicants shall submit the financial proposal in the formats at Appendix-II (theFinancial Proposal) clearly indicating the total cost of the Consultancy (Item G ofForm-2 of Appendix-II) in both figures and words, in Indian Rupees, and signed bythe Applicants Authorised Representative. In the event of any difference betweenfigures and words, the amount indicated in words shall prevail. In the event of adifference between the arithmetic total and the total shown in the Financial Proposal,the lower of the two shall prevail.

2.15.2 While submitting the Financial Proposal, the Applicant shall ensure the following:

(i) All the costs associated with the assignment shall be included in the Financial

Proposal. These shall normally cover remuneration for all the Personnel(Expatriate and Resident, in the field, office etc), accommodation, air fare,equipment, printing of documents, surveys, geo-technical investigations etc. Thetotal amount indicated in the Financial Proposal shall be without any conditionattached or subject to any assumption, and shall be final and binding. In caseany assumption or condition is indicated in the Financial Proposal, it shall beconsidered non-responsive and liable to be rejected.

(ii) The Financial Proposal shall take into account all expenses and tax liabilities.For the avoidance of doubt, it is clarified that all taxes shall be deemed to beincluded in the costs shown under different items of the Financial Proposal.

Further, all payments shall be subject to deduction of taxes at source as perApplicable Laws.

(iii) Costs (including break down of costs) shall be expressed in INR.

2.16 Submission of Proposal

2.16.1 The Applicants shall submit the Proposal in hard bound form with all pages numberedserially and by giving an index of submissions. Each page of the submission shall beinitialled by the Authorised Representative of the Applicant as per the terms of theRFP. In case the proposal is submitted on the document down loaded from Official

Website, the Applicant shall be responsible for its accuracy and correctness as per theversion uploaded by the Authority and shall ensure that there are no changes caused inthe content of the downloaded document. In case of any discrepancy between thedownloaded or photocopied version of the RFP and the original RFP issued by theAuthority, the latter shall prevail.

2.16.2 The Proposal will be sealed in an outer envelope which will bear the address of theAuthority, RFP Notice number, Consultancy name as indicated at Clauses 1.11.1 and1.11.3 and the name and address of the Applicant. It shall bear on top, the following:


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Do not open, except in presence of the Authorised Person of the Authority

If the envelope is not sealed and marked as instructed above, the Authority assumesno responsibility for the misplacement or premature opening of the contents of theProposal submitted and consequent losses, if any, suffered by the Applicant.

2.16.3 The aforesaid outer envelope will contain two separate sealed envelopes, one clearlymarked Technical Proposal and the other clearly marked Financial Proposal.The envelope marked Technical Proposal shall contain:

(i) Application in the prescribed format (Form-1 of Appendix-I) along withForms 2 to 15 of Appendix-I and supporting documents; and

(ii) Bid security as specified in Clause 2.20.1The envelope marked Financial Proposal shall contain the financial proposal in the

prescribed format (Forms 1, 2 and 3 of Appendix-II).

2.16.4 The Technical Proposal and Financial Proposal shall be typed or written in indelibleink and signed by the Authorised Representative of the Applicant. All pages of theoriginal Technical Proposal and Financial Proposal must be numbered and initialed bythe person or persons signing the Proposal.

2.16.5 The completed Proposal must be delivered on or before the specified time on ProposalDue Date. Proposals submitted by fax, telex, telegram or e-mail shall not beentertained.

2.16.6 TheProposal shall be made in the Forms specified in this RFP. Any attachment tosuch Forms must be provided on separate sheets of paper and only information that isdirectly relevant should be provided. This may include photocopies of the relevant

pages of printed documents. No separate documents like printed annual statements,company brochures, copy of contracts etc. will be entertained.

2.16.7 The rates quoted shall be firm throughout the period of performance of the assignmentupto and including acceptance of the Feasibility Report by the Authority anddischarge of all obligations of the Consultant under the Agreement.

2.17 Proposal Due Date

2.17.1 Proposal should be submitted at or before 1100 hrs on the Proposal Due Datespecified at Clause 1.8 at the address provided in Clause 1.11 in the manner and formas detailed in this RFP. A receipt thereof should be obtained from the person specifiedtherein.

2.17.2 The Authority may, in its sole discretion, extend the Proposal Due Date by issuing anAddendum in accordance with Clause 2.11 uniformly for all Applicants.

2.18 Late Proposals

Proposals received by the Authority after the specified time on Proposal Due Date

shall not be eligible for consideration and shall be summarily rejected.


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2.19 Modification/ substitution/ withdrawal of Proposals

2.19.1 The Applicant may modify, substitute, or withdraw its Proposal after submission,provided that written notice of the modification, substitution, or withdrawal isreceived by the Authority prior to Proposal Due Date. No Proposal shall be modified,

substituted, or withdrawn by the Applicant on or after the Proposal Due Date.

2.19.2 The modification, substitution, or withdrawal notice shall be prepared, sealed,marked, and delivered in accordance with Clause 2.16, with the envelopes beingadditionally marked MODIFICATION, SUBSTITUTION or WITHDRAWAL,

as appropriate.

2.19.3 Any alteration / modification in the Proposal or additional information or materialsupplied subsequent to the Proposal Due Date, unless the same has been expresslysought for by the Authority, shall be disregarded.

2.20 Bid Security

2.20.1 The Applicant shall furnish as part of its Proposal, a bid security of Rs. 200,000(Rupees two lakh) in the form of a Demand Draft issued by one of the Nationalised/Scheduled Banks in India in favour of the Executive Engineer (Bisalpur Projects DnII), PHED, Ajmer payable at Ajmer (the Bid Security), returnable not later than 30(thirty) days from PDD except in case of the two highest ranked Applicants asrequired in Clause 2.24.1. In the event that the first ranked Applicant commences theassignment as required in Clause 2.29, the second ranked Applicant, who has beenkept in reserve, shall be returned its Bid Security forthwith, but in no case not laterthan 120 (one hundred and twenty) days from PDD. The Selected Applicants Bid

Security shall be returned, upon the Applicant signing the Agreement and completingthe Deliverables assigned to it for the first 2 (two) months of the Consultancy inaccordance with the provisions thereof.

2.20.2 Any Bid not accompanied by the Bid Security shall be rejected by the Authority asnon-responsive.

2.20.3 The Authority shall not be liable to pay any interest on the Bid Security and the sameshall be interest free.

2.20.4 The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to

have acknowledged that without prejudice to the Authoritys any other right orremedy hereunder or in law or otherwise, the Bid Security shall be forfeited andappropriated by the Authority as the mutually agreed pre-estimated compensation anddamage payable to the Authority for, inter alia, the time, cost and effort of theAuthority in regard to the RFP including the consideration and evaluation of theProposal under the following conditions:

(a) If an Applicant submits a non-responsive Proposal;

(b) If an Applicant engages in any of the Prohibited Practices specified in Section4 of this RFP;


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(c) If an Applicant withdraws its Proposal during the period of its validity asspecified in this RFP and as extended by the Applicant from time to time;

(d) In the case of the Selected Applicant, if the Applicant fails to reconfirm itscommitments during negotiations as required vide Clause 2.24.1;

(e) In the case of a Selected Applicant, if the Applicant fails to sign theAgreement or commence the assignment as specified in Clauses 2.28 and 2.29respectively; or

(f) If the Applicant is found to have a Conflict of Interest as specified in Clause2.3.

D. EVALUATION PROCESS

2.21 Evaluation of Proposals

2.21.1 The Authority shall open the Proposals at 1130 hours on the Proposal Due Date, at theplace specified in Clause 1.11.1 and in the presence of the Applicants who choose toattend. The envelopes marked Technical Proposal shall be opened first. The

envelopes marked Financial Proposal shall be kept sealed for opening at a later

date.

2.21.2 Proposals for which a notice of withdrawal has been submitted in accordance withClause 2.19 shall not be opened.

2.21.3 Prior to evaluation of Proposals, the Authority will determine whether each Proposalis responsive to the requirements of the RFP. The Authority may, in its solediscretion, reject any Proposal that is not responsive hereunder. A Proposal shall beconsidered responsive only if:

(a) the Technical Proposal is received in the form specified at Appendix-I;

(b) it is received by the Proposal Due Date including any extension thereofpursuant to Clause 2.17;

(c) it is accompanied by the Bid Security as specified in Clause 2.20.1.

(d) it is signed, sealed, bound together in hard cover and marked as stipulated in

Clauses 2.13 and 2.16;

(e) it is accompanied by the Power of Attorney as specified in Clause 2.2.4;

(f) it contains all the information (complete in all respects) as requested in theRFP;

(g) it does not contain any condition or qualification; and

(h) it is not non-responsive in terms hereof.


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Proposal is not rejected, the Authority may proceed to evaluate the Proposal byconstruing the particulars requiring clarification to the best of its understanding, andthe Applicant shall be barred from subsequently questioning such interpretation of theAuthority.

E. APPOINTMENT OF CONSULTANT

2.24 Negotiations

2.24.1 The Selected Applicant may, if necessary, be invited for negotiations. Thenegotiations shall generally not be for reducing the price of the Proposal, but will befor re-confirming the obligations of the Consultant under this RFP. Issues such asdeployment of Key Personnel, understanding of the RFP, methodology and quality ofthe work plan shall be discussed during negotiations. A Key Personnel who did notscore 70% (seventy per cent) marks as required under Clause 3.1.2 shall be replaced

by the Applicant with a better candidate to the satisfaction of the Authority. In case

the Selected Applicant fails to reconfirm its commitment, the Authority reserves theright to designate the next ranked Applicant as the Selected Applicant and invite it fornegotiations.

2.24.2 The Authority will examine the CVs of all other Professional Personnel and those notfound suitable shall be replaced by the Applicant to the satisfaction of the Authority.

2.24.3 The Authority will examine the credentials of all Sub-Consultants proposed for thisConsultancy and those not found suitable shall be replaced by the Applicant to thesatisfaction of the Authority.

2.25 Substitution of Key Personnel

2.25.1 The Authority will not normally consider any request of the Selected Applicant forsubstitution of Key Personnel as the ranking of the Applicant is based on theevaluation of Key Personnel and any change therein may upset the ranking.Substitution will, however, be permitted if the Key Personnel is not available forreasons of any incapacity or due to health, subject to equally or better qualified andexperienced personnel being provided to the satisfaction of the Authority.

2.25.2 The Authority expects all the Key Personnel to be available during implementation ofthe Agreement. The Authority will not consider substitution of Key Personnel except

for reasons of any incapacity or due to health. Such substitution shall ordinarily belimited to one Key Personnel subject to equally or better qualified and experiencedpersonnel being provided to the satisfaction of the Authority. As a condition to suchsubstitution, a sum equal to 20% (twenty per cent) of the remuneration specified forthe original Key Personnel shall be deducted from the payments due to theConsultant. In the case of a second substitution hereunder, such deduction shall be50% (fifty per cent) of the remuneration specified for the original Key Personnel. Anyfurther substitution may lead to disqualification of the Applicant or termination of theAgreement.

2.25.3 Substitution of the Team Leader will not normally be considered and may lead to

disqualification of the Applicant or termination of the Agreement.


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2.26 Indemnity

The Consultant shall, subject to the provisions of the Agreement, indemnify theAuthority for an amount not exceeding 3 (three) times the value of the Agreement forany direct loss or damage that is caused due to any deficiency in services.

2.27 Award of Consultancy

After selection, a Letter of Award (the LOA) shall be issued, in duplicate, by theAuthority to the Selected Applicant and the Selected Applicant shall, within 7 (seven)days of the receipt of the LOA, sign and return the duplicate copy of the LOA inacknowledgement thereof. In the event the duplicate copy of the LOA duly signed bythe Selected Applicant is not received by the stipulated date, the Authority may,unless it consents to extension of time for submission thereof, appropriate the BidSecurity of such Applicant as mutually agreed genuine pre-estimated loss and damagesuffered by the Authority on account of failure of the Selected Applicant to

acknowledge the LOA, and the next highest ranking Applicant may be considered.

2.28 Execution of Agreement

After acknowledgement of the LOA as aforesaid by the Selected Applicant, it shallexecute the Agreement within the period prescribed in Clause 1.8. The SelectedApplicant shall not be entitled to seek any deviation in the Agreement.

2.29 Commencement of assignment

The Consultant shall commence the Services at the Project site within 7 (seven) daysof the date of the Agreement, or such other date as may be mutually agreed. If theConsultant fails to either sign the Agreement as specified in Clause 2.28 or commencethe assignment as specified herein, the Authority may invite the second rankedApplicant for negotiations. In such an event, the Bid Security of the first rankedApplicant shall be forfeited and appropriated in accordance with the provisions ofClause 2.20.4.

2.30 Proprietary data

Subject to the provisions of Clause 2.22, all documents and other informationprovided by the Authority or submitted by an Applicant to the Authority shall remainor become the property of the Authority. Applicants and the Consultant, as the casemay be, are to treat all information as strictly confidential. The Authority will notreturn any Proposal or any information related thereto. All information collected,analysed, processed or in whatever manner provided by the Consultant to theAuthority in relation to the Consultancy shall be the property of the Authority.


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3. CRITERIA FOR EVALUATION

3.1 Evaluation of Technical Proposals

3.1.1 In the first stage, the Technical Proposal will be evaluated on the basis of Applicantsexperience, its understanding of TOR, proposed methodology and Work Plan, and theexperience of Key Personnel. Only those Applicants whose Technical Proposals get ascore of 70 (seventy) marks or more out of 100 (hundred) shall qualify for furtherconsideration, and shall be ranked from highest to the lowest on the basis of theirtechnical score (ST).

3.1.2 Each Key Personnel must score a minimum of 70% (seventy per cent) marks exceptas provided herein. A Proposal shall be rejected if the Team Leader scores less than70% (seventy per cent) marks or any two of the remaining Key Personnel score lessthan 70% (seventy per cent) marks. In case the Selected Applicant has one KeyPersonnel, other than the Team Leader, who scores less than 70% (seventy per cent)marks, he would have to be replaced during negotiations, with a better candidate who,in the opinion of the Authority, would score 70% (seventy per cent) or above.

3.1.3 The scoring criteria to be used for evaluation shall be as follows.

Item

Code

Parameter Maximum

Marks

Criteria

1. Relevant Experience

of the Applicant

25 30% (thirty per cent) of the maximum

marks shall be awarded for the numberof Eligible Assignments undertaken bythe Applicant firm. The remaining 70%(seventy per cent) shall be awarded for:(i) the comparative size and quality ofEligible Assignments; (ii) other similarwork in the infrastructure sectors; and(iii) overall turnover, experience andcapacity of the firm.

2. Proposed

Methodology and

Work Plan

5 Evaluation will be based on the qualityof submissions.

3. Relevant Experience

of the Key Personnel

70 30% (thirty per cent) of the maximummarks for each Key Personnel shall beawarded for the number of EligibleAssignments the respective KeyPersonnel has worked on. The remaining70% (seventy per cent) shall be awardedfor: (i) the comparative size and qualityof Eligible Assignments; and (ii) othersimilar work in infrastructure sectors.

3(a)Senior Water Supplyand Sewerage

25


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Engineer - cum - TeamLeader

3(b) Water Supply Expert 15

3(c) Waste Water Expert 15

3(d) Financial Analyst 53(e) Utility Management

Expert10

Grand Total 100

While awarding marks for the number of Eligible Projects, the Applicant or KeyPersonnel, as the case may be, that has undertaken the highest number of EligibleAssignments shall be entitled to the maximum score for the respective category andall other competing Applicants or respective Key Personnel, as the case may be, shall

be entitled to a proportionate score. No score will be awarded to an Applicant/ Key

Personnel for fulfilling the eligibility criteria of a minimum number of EligibleAssignments and only projects exceeding the eligibility criteria shall qualify forscoring. For the avoidance of doubt and by way of illustration, if the minimumnumber of Eligible Projects for meeting the eligibility criteria is 3 (three), then anequivalent number will be ignored for each Applicant/Key Personnel and only the

balance remaining will be considered for awarding scores relating to the number ofEligible Assignments on a proportionate basis. However, for assigning scores inrespect of the size and quality of Eligible Assignments, all Eligible Assignments ofthe Applicant/Key Personnel shall be considered.

3.1.4 Eligible Assignments

For the purposes of determining Conditions of Eligibility and for evaluating theProposals under this RFP, advisory/ consultancy assignments in respect of preparationof feasibility report and/or detailed project report including engineering surveys andsocial and environmental impact assessment, for the following projects shall bedeemed as eligible assignments (the Eligible Assignments):

(i) Water supply and/or sewerage systems of urban areas having an estimatedcapital cost (excluding land) of at least Rs. 200 (two hundred) crore in case ofa project in India, and US $ 100 (hundred) million for projects elsewhere; or

(ii) any project involving construction and having an estimated capital cost(excluding land) of at least Rs. 1,000 (one thousand) crore in case of a projectin India, and US $ 400 (four hundred) million for projects elsewhere.

Provided that the Applicant firm claiming credit for an Eligible Assignment shallhave, prior to PDD, received professional fees of at least Rs. 1 (one) crore for suchassignment, and where credit is being claimed by a Key Personnel, she/he shouldhave completed the relevant assignment prior to PDD.

Provided further that if the Applicant firm is taking credit for an Eligible Assignmentwhich was undertaken for a private sector entity, such assignment shall have beencompleted prior to PDD and the Applicant shall have received professional fees of atleast Rs. 1 (one) crore.


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3.2 Short-listing of Applicants

Of the Applicants ranked as aforesaid, not more than five shall be pre-qualified andshort-listed for financial evaluation in the second stage. However, if the number ofsuch pre-qualified Applicants is less than two, the Authority may, in its sole

discretion, pre-qualify the Applicant(s) whose technical score is less than 70 (seventy)points even if such Applicant(s) do(es) not qualify in terms of Clause 3.1.2; providedthat in such an event, the total number of pre-qualified and short-listed Applicantsshall not exceed two.

3.3 Evaluation of Financial Proposal

3.3.1 In the second stage, the financial evaluation will be carried out as per this Clause 3.3.Each Financial Proposal will be assigned a financial score (SF).

3.3.2 For financial evaluation, the total cost indicated in the Financial Proposal, excluding

Additional Costs, will be considered. Additional Costs shall include items specified assuch in Form-2 of Appendix-II.

3.3.3 The Authority will determine whether the Financial Proposals are complete,unqualified and unconditional. The cost indicated in the Financial Proposal shall bedeemed as final and reflecting the total cost of services. Omissions, if any, in costingany item shall not entitle the firm to be compensated and the liability to fulfil itsobligations as per the TOR within the total quoted price shall be that of theConsultant. The lowest Financial Proposal (FM) will be given a financial score (SF) of100 points. The financial scores of other proposals will be computed as follows:

SF= 100 x FM/F

(F = amount of Financial Proposal)

3.4 Combined and final evaluation3.4.1 Proposals will finally be ranked according to their combined technical (ST) and

financial (SF) scores as follows:

S = STx Tw+ SFx Fw

Where S is the combined score, and Tw and Fw are weights assigned to Technical

Proposal and Financial Proposal that shall be 0.80 and 0.20 respectively.

3.4.2 The Selected Applicant shall be the first ranked Applicant (having the highestcombined score). The second ranked Applicant shall be kept in reserve and may beinvited for negotiations in case the first ranked Applicant withdraws, or fails tocomply with the requirements specified in Clauses 2.24, 2.28 and 2.29, as the casemay be.


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4. FRAUD AND CORRUPT PRACTICES

4.1 The Applicants and their respective officers, employees, agents and advisers shallobserve the highest standard of ethics during the Selection Process. Notwithstandinganything to the contrary contained in this RFP, the Authority shall reject a Proposalwithout being liable in any manner whatsoever to the Applicant, if it determines thatthe Applicant has, directly or indirectly or through an agent, engaged in corrupt

practice, fraudulent practice, coercive practice, undesirable practice or restrictivepractice (collectively the Prohibited Practices) in the Selection Process. In such anevent, the Authority shall, without prejudice to its any other rights or remedies, forfeitand appropriate the Bid Security or Performance Security, as the case may be, asmutually agreed genuine pre-estimated compensation and damages payable to theAuthority for, inter alia, time, cost and effort of the Authority, in regard to the RFP,

including consideration and evaluation of such Applicants Proposal.

4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and therights and remedies which the Authority may have under the LOA or the Agreement,if an Applicant or Consultant, as the case may be, is found by the Authority to havedirectly or indirectly or through an agent, engaged or indulged in any corrupt practice,fraudulent practice, coercive practice, undesirable practice or restrictive practiceduring the Selection Process, or after the issue of the LOA or the execution of theAgreement, such Applicant or Consultant shall not be eligible to participate in anytender or RFP issued by the Authority during a period of 2 (two) years from the datesuch Applicant or Consultant, as the case may be, is found by the Authority to have

directly or through an agent, engaged or indulged in any corrupt practice, fraudulentpractice, coercive practice, undesirable practice or restrictive practice, as the case maybe.

4. 3 For the purposes of this Section, the following terms shall have the meaninghereinafter respectively assigned to them:

(a) corrupt practice means (i) the offering, giving, receiving, or soliciting,directly or indirectly, of anything of value to influence the action of any personconnected with the Selection Process (for avoidance of doubt, offering ofemployment to or employing or engaging in any manner whatsoever, directly or

indirectly, any official of the Authority who is or has been associated in anymanner, directly or indirectly with the Selection Process or the LOA or has dealtwith matters concerning the Agreement or arising therefrom, before or after theexecution thereof, at any time prior to the expiry of one year from the date suchofficial resigns or retires from or otherwise ceases to be in the service of theAuthority, shall be deemed to constitute influencing the actions of a personconnected with the Selection Process); or (ii) save as provided herein, engagingin any manner whatsoever, whether during the Selection Process or after theissue of the LOA or after the execution of the Agreement, as the case may be,any person in respect of any matter relating to the Project or the LOA or theAgreement, who at any time has been or is a legal, financial or technical

consultant/ adviser of the Authority in relation to any matter concerning theProject;


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(b) fraudulent practice means a misrepresentation or omission of facts ordisclosure of incomplete facts, in order to influence the Selection Process;

(c) coercive practice means impairing or harming or threatening to impair orharm, directly or indirectly, any persons or property to influence any persons

participation or action in the Selection Process;

(d) undesirable practice means (i) establishing contact with any person connected

with or employed or engaged by the Authority with the objective of canvassing,lobbying or in any manner influencing or attempting to influence the SelectionProcess; or (ii) having a Conflict of Interest; and

(e) restrictive practice means forming a cartel or arriving at any understandingor arrangement among Applicants with the objective of restricting ormanipulating a full and fair competition in the Selection Process.


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6. MISCELLANEOUS

6.1 The Selection Process shall be governed by, and construed in accordance with, thelaws of India and the Courts at Ajmer shall have exclusive jurisdiction over all

disputes arising under, pursuant to and/or in connection with the Selection Process.

6.2 The Authority, in its sole discretion and without incurring any obligation or liability,reserves the right, at any time, to:

(a) suspend and/or cancel the Selection Process and/or amend and/or supplementthe Selection Process or modify the dates or other terms and conditions relatingthereto;

(b) consult with any Applicant in order to receive clarification or furtherinformation;

(c) retain any information and/or evidence submitted to the Authority by, on behalfof and/or in relation to any Applicant; and/or

(d) independently verify, disqualify, reject and/or accept any and all submissions orother information and/or evidence submitted by or on behalf of any Applicant.

6.3 It shall be deemed that by submitting the Proposal, the Applicant agrees and releasesthe Authority, its employees, agents and advisers, irrevocably, unconditionally, fullyand finally from any and all liability for claims, losses, damages, costs, expenses orliabilities in any way related to or arising from the exercise of any rights and/or

performance of any obligations hereunder, pursuant hereto and/or in connectionherewith and waives any and all rights and/or claims it may have in this respect,whether actual or contingent, whether present or future.

6.4 All documents and other information supplied by the Authority or submitted by anApplicant shall remain or become, as the case may be, the property of the Authority.The Authority will not return any submissions made hereunder. Applicants arerequired to treat all such documents and information as strictly confidential.

6.5 The Authority reserves the right to make inquiries with any of the clients listed by theApplicants in their previous experience record.


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SCHEDULES


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Schedule1: Terms of Reference

SCHEDULE1(See Clause 1.1.3)

Consultancy for a Feasibility Report for

Water Supply and Sewerage System in Ajmer and PushkarTowns

Terms of Reference (TOR)

for



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S.

No.

Contents Page No.

1 General

2 Objective

3 Scope of Services

3.1 Scope of Services

3.2 Population forecast and assessment of demand for drinking water,waste water and recycled water

3.3 Assessment on the need for developing additional sources ofwater

3.4 Engineering surveys, investigations, inventory and conditionassessment

3.5 Hydraulic design of water supply system, waste water collectionnetwork and recycled water distribution system

3.6 Indicative designs and layout plans for rehabilitation anddevelopment of water supply assets and waste water system

3.7 Indicative designs and layout plans for development of recycledwater system

3.8 Social impact assessment

3.9 Environment impact assessment

3.10 Preparation of land acquisition plans

3.11 Project cost

3.12 Preparation of technical and system related Schedules of theConcession Agreement

3.13 Preparation of Manuals of Standards and Specifications

4. Deliverables

A. Inception Report

B. Report on developing additional sources of water

C. Report on options for augmentation of the water supply and wastewater system

D. Report on Assessment of T & D Losses of water

E. Reports on Environment and Social Impact Assessment

F. Manuals of Standards and Specifications

G. Feasibility Report


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H. Schedules of Concession Agreement

I. Financial analysis

J. Assistance during bid process

5. Time and Payment Schedule

6. Meetings

7. Consultancy Team

8. Reporting

9. Data and software to be made available by the Authority

10. Completion of Services

ATTACHMENTS

Attachment A: Guidelines for the Field Surveys, includingTopographic, Alignment and Land Use Surveys

PROFORMAS

Proforma A1: Water Demand Survey (Residential)

Proforma A2: Water Demand Survey (Bulk Consumers)

Proforma B1: Asset Inventory and Condition Assessment of WaterTreatment Plants

Proforma B2: Asset Inventory and Condition Assessment of StorageReservoirs

Proforma B3: Asset Inventory and Condition Assessment of Buildings

Proforma B4: Documentation of Civil Structures

Proforma C1: Inventory of Electro-mechanical and InstrumentationEquipment

Proforma C2: Condition Assessment of Electro-mechanical and

Instrumentation EquipmentProforma C3: Documentation of Electro-mechanical and

Instrumentation Equipment

Proforma C4: Inventory and Condition Assessment of ConsumerMeters and Bulk Meters

Proforma D: Inventory and Condition Assessment of Pipelines andValves

Proforma E: Inventory and Condition Assessment of Sewers andManholes

Proforma F: Energy Efficiency of Pumping/ Lift Equipment


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Terms of Reference (TOR)

1. GENERAL

1.1 The Authority seeks the services of qualified firms for preparing a Feasibility Reportfor the rehabilitation, augmentation and operation of the water supply and seweragesystem in Ajmer and Pushkar towns through Public Private Participation on Develop,Build, Finance, Operate and Transfer (DBFOT)basis (the Project). The area of theProject shall include and extend to Ajmer and Pushkar towns, the limits of whichwould be the service coverage area for the horizon year 2039, and to the sources,transmission storage, treatment and disposal of water outside Ajmer and Pushkartowns (the Project Area). The Terms of Reference (the TOR) for thisassignment are specified below.

1.2 The Consultant shall be guided in its assignment by the Manual on Operation and

Maintenance of Water Supply Systems, the Manual on Water Supply and Treatmentand the Manual on Sewerage and Sewerage Treatment published by the Ministry ofUrban Development, Government of India (the Manuals) and relevant rules,regulations and provisions of law.

1.3 The Consultant shall be responsible for preparing the technical and system relatedSchedules of the Water Supply and Sewerage Agreement (the ConcessionAgreement) and for bringing out any special feature or requirement of the Projectreferred to in the Concession Agreement or the Manuals, as the case may be.

1.4 The Consultant shall, to the extent possible, rely on the existing data and studieswhich it may verify, supplement and analyse, as necessary, during the course of

Consultancy. The reports, information and material to be provided by the Authorityare as follows:

(i) Base map of Ajmer, at contour interval of 1.0 mts, prepared by NationalRemote Sensing Agency (the NRSA)with low level flying (2002).

(ii) Base map of Ajmer prepared on the basis of IKONOS satellite imagery(2007).

(iii) Maps showing details of existing distribution and transfer network, headworks, pumping stations, water treatment plants and other water supplyinfrastructure for Ajmer and Pushkar towns.

(iv) Maps showing existing sewer laterals, branches and outfalls, sewer pumpingstations, sewage treatment plants, and other sewerage infrastructure for Ajmerand Pushkar towns.

(v) Master Plans of Ajmer and Pushkar towns prepared by the Town PlanningDepartment, Government of Rajasthan.

(vi) Detail Project Reports on Water Supply and Sewerage for Ajmer prepared bythe Urban Development Department, Government of Rajasthan under theRajasthan Urban Infrastructure Development Project (the RUIDP).

(vii) Standard and Specifications of Project Works prepared under RUIDP.


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(viii) Reports on existing and proposed water resources for Ajmer and Pushkartowns by the Public Health Engineering Department or the Water ResourceDepartment, Government of Rajasthan.

(ix) Population data for Ajmer and Pushkar towns from the Census records for thelast three decades.

(x) Information about metering, billing and revenue collection for the watersupply system of Ajmer and Pushkar towns for the last five years.

(xi) Income and expenditure data for water supply and sewerage system of Ajmerand Pushkar towns for the last five years.

(xii) Basic Schedule of Rates (2009), Public Works Department, Buildings andRoads, Circle Ajmer.

(xiii) Basic Schedule of Rates of RUIDP.1.5 The Consultant shall assist the Authority, its Financial Consultant and the Legal

Adviser by furnishing clarifications as required for the financial appraisal and legalscrutiny of the Project and Bid Documents.

1.6 The Consultant shall also participate in the pre-bid conference with the Bidders of theProject and assist the Authority in clarifying the technical aspects arising from the BidDocuments including the Feasibility Report.

2. OBJECTIVE

The objective of this consultancy is to undertake feasibility studies and prepare aFeasibility Report for the upgradation, augmentation, and operation of the Project and

to enable the prospective bidders to assess the Authoritys requirements in a clear andpredictable manner with a view to ensuring:

(i) efficient, economical, integrated and co-ordinated production, treatment,transmission, storage and distribution of drinking water and collection,treatment and reuse/ recycling/ disposal of waste water;

(ii) reliability and security of supply of water, and effective treatment and disposalof waste water;

(iii) enhanced safety and level of service for consumers of water supply;(iv) efficient operation and maintenance of the water supply, recycled waste water

and sewerage system;

(v) minimal adverse impact on the local population and environment;(vi) minimal additional acquisition of land;(vii) improving the financial viability of the Project consistent with the need to

minimise disruptions

Ajmer & Pushkar Water Supply Project TECH

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